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RESERVE PLAN, INC. v. PETERS

No. 6931.

375 P.2d 576 (1962)

71 N.M. 25

RESERVE PLAN, INC., a corporation, Plaintiff-Appellant and Cross-Appellee, v. Marjorie Q. PETERS and Jack McElhose, Defendants-Appellees, First National Bank in Albuquerque, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

Rehearing Denied November 7, 1962.

Attorney(s) appearing for the Case

Hannett, Hannett & Cornish, Albuquerque, for appellant and cross-appellee.

James Sidwell, Albuquerque, for Jack McElhose.

Rodey, Dickason, Sloan, Akin & Robb, Ray H. Rodey, Albuquerque, for appellee and cross-appellant.

MOISE, Justice.

Reserve Plan, Inc., hereinafter referred to as Reserve, brought this action to have the court declare its rights in and to a contract of sale of a dance studio in Albuquerque made by defendant Marjorie Q. Peters, hereinafter referred to as "Peters," and her former husband, with some people by the name of Heck, and dated August 9, 1956. Jack E. McElhose, hereinafter referred to as "McElhose" and the First National Bank in Albuquerque, hereinafter referred...

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